How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD, Lawyer

Category: Employment Law

Satisfied Customers: 17987

Experience: Licensed Attorney with 28 yrs. exp in Employment Law

19127644

Type Your Employment Law Question Here...

Marsha411JD is online now

IF you have an employee who has a hard time getting to work

Resolved Question:

IF you have an employee who has a hard time getting to work on time, IE late 4 days in a 2 week time frame. Has been written up for that on more than 3 occasions as well as having been sent home from work for being unfit for duty IE sleeping on his / her feet. Then the employee checked themselves into a rehab program, returned to work after 2 weeks. Can the employer at that time request that the employee sign a 180 day probationary letter? In the state of ALabama!

Thank you for the information and your question. Alabama is an employment "at will" state. That means that you, and the employee, can terminate the employment arrangement for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy or an employment discrimination law.

I assume that this is not a contractual job. Therefore the only two issues standing in your way of immediate termination for the issues you describe are your policies and discrimination laws. In other words, there is no law in Alabama that ever has stated you must give warnings prior to termination. However, by doing so you have created an implied contract/policy for your employees that they can use to say they are entitled to warnings prior to termination. In that case, you must follow your written policy or your regular routine when it comes to the number of warnings that are given prior to termination and be consistent. If you give all employees who have received warnings, 180 probationary letter, then the same must be done with this employee. However, unless your policies give them that right, you should reconsider creating it because then you have completely created a contractual relationship where you cannot terminate an employee "at will."

In this case, I understand that this employee went to rehab, which might or might not qualify them under the ADA against discrimination. However, if an employee commits misconduct, no amount of protection under discrimination laws would require that an employer retain them, as long as the employer is consistent. That is the way in which employers get into legal trouble--inconsistency.

So, I don't know what your policies say, but unless you have never terminated an employee for cause or give all employees 180 probationary periods, you should think twice about giving one to this employee. If they violate clear workplace rules again, you can terminate them. They don't have to be continually warned.

What I might suggest, is that you sit down with a local employment law firm and have them go over your employee policies with you and draft up a simple policy manual or handbook that clearly states that employment is "at will" and no one is entitled to stepped discipline, warnings or probation. That is up to you, but it will give you more leeway and running your company.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.

I see that you had a follow up question. In order to ask a follow up you merely need to click the "reply to Expert" button on this question thread. Otherwise, you will have more than one question opened and will be charged for more than one.

In any event, if the employee refuses to sign a warning, or anything else you ask them to, you can terminate them for that. If they really would say "yes, I am quitting" then there is no legal issue, they quit and you didn't terminate them.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. MildredWashington, DC

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank youHappy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

Ask an Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

147 Employment Lawyers are Online Now

Type Your Employment Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).